®Planning appeal decision
127 Chiltern Drive and Chiltern Works, Surbiton, KT5 8LS
a mixed use development including retention of 127 Chiltern Drive, demolition of all other buildings and erection of 2no. buildings for flexible commercial floorspace at ground floor and 43 no residential units on upper floors, with associated access, landscaping, car parking, cycle parking and refuse storage without complying with a condition attached to planning permission Ref 21/03876/FUL, dated 5 May 2023
- Authority
- Royal Borough of Kingston Upon Thames
- Appeal type
- major · Planning Appeal
- Procedure
- Hearing
- Development
- residential · Other Major Developments
- Inspector
- Rawle S
- Postcode
- KT5 8LS
Main issues, as the Inspector framed them
- Whether the condition is necessary and reasonable having regard to whether or not the proposal would make adequate provision for affordable housing taking into account the financial viability of the scheme
What decided it
The finding that the appellant had not demonstrated the scheme was unviable, so removal of the on-site affordable housing (replaced by a £75,000 commuted sum) was not justified and was given very substantial weight against the proposal.
The substantial weight given to the housing supply and mix benefits was outweighed by the very substantial weight given to the unjustified loss of on-site affordable housing, disengaging the paragraph 11(d) presumption and resulting in conflict with the development plan as a whole under the normal planning balance.
Framework references: 11
Plan policies cited: Policy DM15, Policy H4, Policy H5
The main issues and the deciding factor are read from the published letter by Town Planner Pro; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.